Comstock v. Tegarden Packing Co.
Missouri Court of Appeals
Appeal from Green County Circuit Court. — Hon. Guy D. Kirby, Judge. (1) The notice must be in writing specifying the judgment appealed from, may he served on the agent or attorney of appelee, if he appears to the suit before the justice. . . . and, if he did not then it must he served on the appellee R. S. 1909, sec. 7582. (2) The doctrine is abundantly established, that, where a mode of securing jurisdiction differing from that of the common law is prescribed by statute,…
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Appeal from Green County Circuit Court. — Hon. Guy D. Kirby, Judge. (1) The notice must be in writing specifying the judgment appealed from, may he served on the agent or attorney of appelee, if he appears to the suit before the justice. . . . and, if he did not then it must he served on the appellee R. S. 1909, sec. 7582. (2) The doctrine is abundantly established, that, where a mode of securing jurisdiction differing from that of the common law is prescribed by statute, nothing less than a rigid and exact compliance with the statute is an indispensable requisite to obtaining jurisdiction.…
1Opinion of the CourtSturgis, J.
We think this is a proper case in which to remind attorneys that while the courts are disposed to be liberal and waive technicalities in the matter of preparing abstracts of the record, yet, it is not intended to relieve the apellant of the duty of furnishing an abstract of the record and to substitute therefor a mere statement in narrative form of what took place in the trial court. This is especially true of the record proper and the motions and orders made. It is not necessary that they be copied in full but the substance of the same should be stated and not merely that a certain kind of…
Also in this document: Concurrence.
2Cases cited17 opinions
- Johnson v. ReadingMissouri Court of Appeals · 1889
- Igo v. BradfordMissouri Court of Appeals · 1905
- Hammond v. KroffMissouri Court of Appeals · 1889
- McGinniss & Ingels Hardware Co. v. TaylorMissouri Court of Appeals · 1886
- Cella v. SchnairsMissouri Court of Appeals · 1890
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3Cited by4 opinions
- State Ex Rel. White v. TerteMissouri Court of Appeals · 1956
- State ex rel. Keirsey v. CalvirdMissouri Court of Appeals · 1917
- Hoffman Bros. Piano Co. v. MorrisMissouri Court of Appeals · 1915
- Reinhart Grocery Co. v. RustMissouri Court of Appeals · 1914